HBA-CMT H.B. 195 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 195
By: Najera
Public Safety
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Many elderly individuals are currently targeted by scam artists.  Often the
persons perpetrating these scams against elderly, retired and trusting
persons will change services or use an alias, making them difficult to
track and apprehend.  House Bill 195 requires local law enforcement
agencies to report investigations of such offenses against elderly people
to the Department of Public Safety, which is required to analyze the
information and make the analyses available to any local law enforcement
agency, political  subdivision, or state agency.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 1 (Section 411.051, Government Code) and in Section 2 of this bill.

ANALYSIS

House Bill 195 amends the Government Code to provide that the provisions of
the bill apply to an offense of theft or fraud or any other applicable
offense involving an intent to steal or defraud an elderly individual 65
years of age or older.   

The bill requires a law enforcement agency that investigates such an
offense to report the investigation to the Department of Public Safety
(DPS) in the form and manner and at regular intervals as prescribed by
rules adopted by DPS.  The rules must require submission of the original
investigative report and any supplemental investigative report containing
new significant information.   

The bill requires DPS to analyze information received and any other
corresponding information possessed by DPS to identify a victim of or a
person committing or suspected of committing such an offense.  DPS is
required to make the analysis available to any local law enforcement
agency, political  subdivision, or state agency to the extent the analysis
is reasonably necessary or useful to the agency or subdivision in carrying
out duties imposed by law on the agency or subdivision.  Dissemination of
the analysis required by the bill is subject to all confidentiality
requirements by other law.    

DPS shall establish the rules and procedures necessary to comply with this
bill by October 1, 2001. 

EFFECTIVE DATE

September 1, 2001.